SLAPP Suits: Difference between revisions

"SLAPP Suits"
Last Week Tonight with John Oliver episode
John Oliver performs his musical number "Eat Shit, Bob!" at the end of the episode
Episode no.	Season 6 Episode 29 (segment)
Directed by	Paul Pennolino Christopher Werner
Written by	Dan Gurewitch Jeff Maurer Jill Twiss Juli Weiner
Presented by	John Oliver
Original air date	November 10, 2019 (2019-11-10)
Running time	26 minutes
Guest appearances
Brian d'Arcy James Jordan Gelber
Episode chronology
← Previous "Voting Machines" Next → "The Census"
List of episodes

"SLAPP Suits" is a segment of HBO's news satire television series Last Week Tonight with John Oliver, focused on strategic lawsuits against public participation (SLAPP). It first aired on November 10, 2019, as part of the twenty-ninth episode of the series' sixth season. The episode marked comedian and host John Oliver's response to winning a SLAPP lawsuit against him from Robert E. "Bob" Murray. Oliver was sued for defamation in 2017, after a segment he aired concerning the coal mining industry in the United States heavily criticized Murray and his company, Murray Energy. Murray claimed in his lawsuit that Oliver had carried out a character assassination against him on the show, but the case was dismissed in under a year, and an appeal from Murray Energy was unsuccessful. During the lawsuit, the American Civil Liberties Union filed an amicus brief that was widely covered due to its sarcastic humor.

In "SLAPP Suits", Oliver discussed the outcome of the lawsuit and the damaging effects of similar lawsuits, giving an overview of Murray's other SLAPP suits and their harm to independent journalism. Oliver then ended the twenty-six-minute segment with a musical number titled "Eat Shit, Bob!" in honor of winning his lawsuit, demonstrating his right under the First Amendment to make negative jokes and comments about people and corporations. The title of the number references a check returned by a Murray Energy miner on the grounds that it incentivized unsafe mining practices, with words "Eat Shit Bob" written on the check. The musical number and the segment overall were lauded by critics and nominated for six Primetime Emmy Awards, with the episode winning one award for Outstanding Technical Direction, Camerawork, Video Control for a Series and the musical number winning another for Outstanding Picture Editing for Variety Programming.

On June 18, 2017, John Oliver aired a segment on his show, titled "Coal". The segment focused on practices in the coal mining industry. Oliver began the piece by showing Donald Trump's affinity for the coal industry, including shots of him during his 2016 presidential campaign in a coal miner's hat and delivering a speech in which he told the miners to prepare to work their "asses off" when he became president.^[1] Oliver then introduced Bob Murray, the CEO of Murray Energy, who had repeatedly criticized President Barack Obama during his tenure for his perceived incompetence and aggression towards those in the coal industry.^[2]

Oliver goes on to explain that when Murray Energy was contacted about the piece, his show received a letter telling them to cease and desist from "any efforts to [...] injure Mr. Murray", and that Murray Energy had sued people before.^[2] Oliver ignored this letter and proceeded to call Murray a "geriatric Dr. Evil" who was "on the same side as black lung"^[2] and talk about other errors in Murray Energy's mining practices, focusing particularly on the Crandall Canyon Mine collapse that killed nine people. While Murray argued that it was the fault of an earthquake,^[2][3] the federal government concluded that it was the fault of unsafe mining practices, and fined Murray Energy US$1,850,000, the highest amount possible for a safety violation.^[4][5]

When Murray introduced a bonus program for coal miners, they were told that they could return their checks if they felt the program incentivized unsafe practices. Two miners did, returning checks for small amounts with the words "Kiss My Ass Bob" (all capitalized) and "Eat Shit Bob" written on them.^[6] Oliver also referenced a satirical article in a journal of the United Mine Workers, alleging that Murray shared an anecdote in which he was told to start a coal mining corporation by a talking squirrel; the company denies the story.^[2] Drawing on these two incidents, Oliver ended the segment by introducing a squirrel mascot known as "Mr. Nutterbutter" who taunted Bob Murray by holding up an oversized check for "three acorns and eighteen cents" made out to "Eat Shit, Bob!".^[7]

On June 21, 2017, Marshall County Coal Company and other companies chaired by Bob Murray filed a lawsuit against John Oliver, HBO, and others associated with Oliver in a West Virginia Circuit Court, on charges relating to defamation.^[8][9] The complaint alleged that Oliver carried out a "meticulously planned attempt to assassinate the character of and reputation of Mr. Robert E. Murray and his companies".^[9] The plaintiffs criticized Oliver's coverage of the Crandall Canyon Mine collapse, reiterating their claim that the primary collapse was caused by an earthquake, rather than unsafe mining practices on the part of Murray Energy.^[9] The company sought monetary damages, as well as a gag order on broadcasting the piece or airing it online.^[2] An HBO spokesperson expressed confidence in Last Week Tonight, and said that they did not believe that "anything in the show this week violated Mr. Murray's or Murray Energy's rights".^[2][10]

On February 24, 2018, the case was dismissed, with the judge agreeing with HBO's arguments that Murray Energy had failed to state a valid claim.^[11] Murray Energy appealed to the Supreme Court of Appeals of West Virginia, but four of the five justices on that court were impeached for charges relating to corruption, overspending, and lack of oversight; the fifth justice resigned. The defamation lawsuit was later dropped, while Murray Energy was filing for bankruptcy.^[12] Oliver also revealed that he had mentioned one of the justices on the court in a segment a few years prior; specifically, he had joked that the chief justice on the court, Allen Loughry, referred to his penis as "The Gavel".^[13]

The American Civil Liberties Union (ACLU) chapter in West Virginia filed an amicus brief on behalf of HBO, which was noted by news outlets for its snarky, humorous tone, unusual in a legal document;^[14] it featured section headings such as "You Can't Sue People for Being Mean to You, Bob"^[14] and "A Brief History of Plaintiffs' Attempts to Chill Speech by Abusing the Legal System".^[6] Written by Jamie Lynn Croft, the paper argued that Oliver's segment did not air any speech that violated Murray Energy's rights, as Oliver's statements were protected by the First Amendment as either satirical humor or a matter of fact, depending on the statement.^[14] The brief claimed Murray Energy was using the court as a vehicle to suppress free speech, arguing that this lawsuit "threaten[s] the fundamental right of the media to criticize public figures and speak candidly on matters of public concern".^[15]

Due to the media coverage of the brief, Murray Energy filed a response, asking the court to disregard the ACLU's brief on the basis that they did not fully disclose a financial conflict of interest with Oliver's show.^[6] The company pointed to a segment of Last Week Tonight titled "President-Elect Trump", aired five days after the 2016 presidential election. In the segment, Oliver encouraged viewers to donate to causes perceived as left-leaning such as Planned Parenthood, the NAACP Legal Defense and Educational Fund, the Trevor Project, the Center for Reproductive Rights, and the International Refugee Assistance Project. The company argued that this encouragement caused an "immediate surge of millions of dollars in donations to the ACLU". Reuters, however, contended that Murray Energy did not provide suitable evidence for this claim; the response provided hyperlinks to three articles that did not explicitly support this argument, instead attributing the rise in donations to the result of the presidential election in general.^[6] The response also criticized the tone of the ACLU's submission, arguing that the brief's "vulgar language" displayed its unfitness for consideration.^[16]

External videos
Last Week Tonight with John Oliver: Coal (HBO) on YouTube
Last Week Tonight with John Oliver: SLAPP Suits (HBO) on YouTube

On November 10, 2019, John Oliver aired a segment on his show, titled "SLAPP Suits". SLAPP stands for strategic lawsuits against public participation, lawsuits designed to threaten targets into not criticizing the plaintiff with the promise of high attorneys' fees and possible payment of damages.^[17]

Oliver began the segment by summarizing the legal proceedings up until then, including a video of Bob Murray promoting his lawsuit on Fox Business.^[18] Oliver noted that despite winning the case, his show's libel insurance tripled in addition to paying over $200,000 in attorneys' fees.^[12] He further pointed out that Murray Energy has filed at least nine lawsuits against news outlets and journalists who have published negative content about him, including a lawsuit against HuffPost, who called him an "extremist coal baron",^[2] and The New York Times.^[19] Oliver stated that Murray Energy has also sued those who may not be fortunate enough to have the backing of a large company like HBO or libel insurance, and suggested that Murray's reputation for litigiousness may have succeeded in its goal of silencing criticism. In particular, Oliver contended that Murray's habits led to the relative silence in the press on two sexual harassment lawsuits against him, one of which involved asking a female employee to find a kidney stone that Murray had passed and lost.^[18][20][21]

To conclude the section discussing Murray's SLAPP lawsuits, Oliver acknowledged that despite the segment being checked by HBO's lawyers (who he joked were "getting very tired of us"),^[17] the episode would likely lead to another lawsuit and that he would stand behind his works if it were to happen.^[22] Oliver cited the idea that "loose, figurative language" that cannot be understood as factual is protected under the First Amendment in order to create a musical number to end the episode.^[22]

Oliver staged a five-minute musical number initially set in his studio, drawing the title of "Eat Shit, Bob!" from the miner's returned check. There, he began singing slowly that "even though he'll threaten legal Armageddon, we have just one tiny thing to say ..." and then extended his middle finger^[17] and exclaimed "Bob Murray can go fuck himself today!"^[23] He then introduced the "Suck My Balls, Bob" dancers,^[24] who moved the setting to Times Square as they recounted fictional anecdotes of Murray committing outlandish and horrifying acts. They joked that he perpetrated the 1994 Cobo Arena attack on Nancy Kerrigan, spat on the face of the Mona Lisa, shot puppies into outer space, supplied drugs to Bill Cosby, served as Jeffrey Epstein's prison guard, murdered Archduke Franz Ferdinand of Austria and started World War I, and was the unidentified Zodiac Killer.^[18][17][23]

Oliver centered parts of the song on his First Amendment rationale, saying that "we made up these anecdotes, they're silly and insane" and "If we discuss Bob Murray in a way no reasonable person could construe as factual, we can say whatever the fuck we like!". Mr. Nutterbutter made a reappearance with a squirrel-costume barbershop quartet in squirrel costumes, and Brian d'Arcy James appeared in the role of HBO's legal counsel.^[18][25]

Reception of the segment was widely positive. The A.V. Club said that the episode was a demonstration in "why rich assholes really shouldn't sue John Oliver", and referred to the musical number as "glorious" and "over-the-top".^[18] A year later, The A.V. Club would cite the musical number as an example of "a troll's power ... turned into a force for good".^[26] Outlets were also receptive to Oliver's stance on behalf of those vulnerable to SLAPP lawsuits. Slate commented that just because Oliver gave an "impassioned speech standing up for all the small outlets and independent activists bullied into silence by SLAPP lawsuits", that does not mean he "has matured even a little bit".^[13] Slate also compared the segment to eight other recent comedy clips on a graph called an "EvisceRater", rating it as funnier and more informative than the other eight segments.^[13] The Mary Sue agreed with Oliver, stating that Murray's SLAPP suits create a "culture of fear", but points out that "of course, this is John Oliver we're talking about and 'culture of fear' is basically his Bat-Signal".^[27] An editorial from the Charleston Gazette-Mail said that there was "a lesson in John Oliver roasting Bob Murray" in that it leads to the question of why states like West Virginia have relaxed anti-SLAPP laws.^[28]

A 2020 West Virginia University paper by Shine Sean Tu and Nicholas Stump referenced the defamation lawsuit as a case that "exhibits the classic anatomy of a SLAPP suit". The paper argued that Murray's lawsuit was indeed typical for a SLAPP lawsuit, in that a powerful corporation or individual used the legal system, particularly through a defamation lawsuit, in order to scare Oliver into silence. The "most appropriate classification for the Oliver case", the paper contended, "is that of a SLAPP suit whose aims are to impede constitutional free speech rights".^[29] The lawsuit was also cited in a 2020 law textbook titled The Law of Public Communication, which similarly outlined it as a standard SLAPP suit and credited Oliver for bringing attention to the topic.^[30]

"Eat Shit, Bob!" won an Primetime Emmy Award for Outstanding Picture Editing for Variety Programming, and was nominated for Outstanding Original Music and Lyrics. The episode itself won an award for Outstanding Technical Direction, Camerawork, Video Control for a Series, and was nominated in the categories of Outstanding Production Design for a Variety, Reality or Competition Series and Outstanding Sound Mixing for a Variety Series or Special. Episode directors Christopher Werner and Paul Pennolino received a nomination for Outstanding Directing for a Variety Series.^[31]

Bob Murray died in October 2020 due to long-term lung illness. The Daily Beast remembered him as a "Coal Magnate and John Oliver Nemesis", highlighting the controversy between the two as a significant source of notoriety.^[2]

• "SLAPP Suits" at IMDb
• "SLAPP Suits" on HBO